Patna High Court
Chandravadan Prasad Singh vs The State Of Bihar And Ors on 16 October, 2025
Author: Ajit Kumar
Bench: Ajit Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5650 of 2019
======================================================
Chandravadan Prasad Singh Son of Late Ramsakal Singh Resident of Village
and P.O.- Geeta Deodha, Ward No. 03, P.S.- Hasanpur, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Human Resource
Development Department, Government of Bihar, Patna.
2. The Director, Secondary Education, Bihar, Patna. Bihar, Patna.
3. The Deputy Director, Secondary Education, Bihar, Patna. Bihar, Patna.
4. The District Magistrate, Samastipur. Samastipur.
5. The District Education Officer, Samastipur Samastipur
6. The Principal, Ram Karan Thakur Project Balika Uchha Vidyalaya,
Imansarai, Patori, Samastipur. Samastipur.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 6290 of 2019
======================================================
1. Pranita Kumari Wife of Sri Ashwani Kumar Choudhary At and PO-
bachhwara, P.S- Bachhhwara, Subn-Division. Teghra, Distt. Begusarai.
2. Shiv Kumar Singh Son of Late Yugeshwar Singh Resident of Village -
Hasanpur Sural, P.O- Patori P.S. - Patori, Distt. Samastipur.
3. Shabnam Kumari Wife of Shri Om Prakash Thakur Resident of Village
Nandani, PO Sivaisipur, P.s. mahaudi Nagar, Distt. Samstipur.
4. Prabhat Kumar Son of Shri Ram Bilash Choudhary Resident of village -
Iman Sarai P.O- Shahpur Unadi, P.S.- Patori, Distt. Samastipur.
.. ... Petitioner/s
Versus
1. The State of Bihar Through Principal Secretary, Human Resource
Development Department, Government of Bihar, Patna.
2. The Principal Secretary, Human Resource Development Department,
Government of Bihar Patna.
3. The Director Secondary Education, Human Resource Development
Department, Government of Bihar Patna.
4. The Regional Deputy Direcotr, Secondary Education Darbhanga
5. The District Education Officer Samastipur
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 6684 of 2019
======================================================
Kumkum Kumari Wife of Mithila Bihari Prasad Singh Resident of Village
and P.O.- Garthsisai, P.S.- Vidyapatinagar, District- Samastipur
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
2/33
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Human Resource
Development Department, Government of Bihar, Patna
2. The Director, Secondary Education, Bihar, Patna
3. The Deputy Director, Secondary Education, Bihar, Patna
4. The District Magistrate, Samastipur
5. The District Education Officer, Samastipur
6. The Principal, Ram Karan Thakur Project Balika Uchha Vidyalaya,
Imansarai, Patori, Samastipur
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 5189 of 2020
======================================================
1. Ramchandra Chaudhary, S/o late Vishnudeo Chaudhary, R/o Village and
P.O.- Dadpur, P.S.- Bhagwanpur, District- Begusarai.
2. Ram Kishore Singh, S/o Late Rampadarth Singh, R/o Village - Deodha,
P.O.- Geeta Deodha, P.S.- Hasanpur, District- Samastipur.
3. Chandralekha Kumari, W/o Late Surednra Prasad Rai, R/o Village and P.O. -
Sarairanjan, P.S. - Sarairanjan, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Principal Secretary, Education Department, Government of Bihar,
Patna.
3. The Secretary, Education Department, Government of Bihar, Patna.
4. The Director, Secondary Education, Government of Bihar, Patna.
5. The Deputy Director, Secondary Education, Government of Bihar, Patna.
6. The District Magistrate, Samastipur, District- Samastipur.
7. The District Education Officer, Samastipur, District- Samastipur.
8. The District Programme Officer, (Secondary Education),Samastipur,
District- Samastipur.
9. The Headmaster / Headmistress, Ram Karan Thakur Project Girl High
School, Imansarai, Block and P.S. - Patory, District Samastipur.
10. The Chairman, Managing Committee of Ramkaran Thakur Project Girl High
School, Imansarai, Block and P.s.- Patory, District- Samastipur.
11. The Secretary, Managing Committee of Ram Karan Thakur Project Girl
High School, Imamsarai, Block and P.S.- Patory, District- Samastipur.
... ... Respondent/s
======================================================
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
3/33
Appearance :
(In Civil Writ Jurisdiction Case No. 5650 of 2019)
For the Petitioner/s : Mr. P.N.Shahi, Sr. Adv
Mr.Pankaj Kumar Sinha, Adv
For the Respondent/s : Mr. Jitendra Kr. Roy 1 (SC13)
Mr. Hitesh Suman, AC to SC-13
(In Civil Writ Jurisdiction Case No. 6290 of 2019)
For the Petitioner/s : Smt. Sudha Ambastha, Adv.
For the Respondent/s : Mr. Kameshwar Kumar (GP17)
Mr. S.K. Ranjan, AC to GP-17
(In Civil Writ Jurisdiction Case No. 6684 of 2019)
For the Petitioner/s : Mr.Pankaj Kumar Sinha, Adv.
For the Respondent/s : Smt.Binita Singh (SC28)
(In Civil Writ Jurisdiction Case No. 5189 of 2020)
For the Petitioner/s : Mr.Mrityunjay Kumar, Adv.
For the Respondent/s : Mrs.Binita Singh (SC28)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
CAV JUDGMENT
8. 16-10-2025
Heard Sri. P.N.Shahi, Sr. Advocate, Sri Pankaj
Kumar Sinha, Advocate, Smt. Sudha Ambastha, Sri Mritunjay
Kumar, Advocates for the petitioners and Sri. Jitendra Kumar
Roy, SC-13 assisted by Sri Hitesh Suman, AC to SC-13, Sri
Kameshwar Kumar, GP-17, assisted by S.K.Ranjan, AC to GP-
17 and Smt. Binita Singh, SC-28, for the Respondents-State.
2. Pursuant to the Order dated 01.12.2023 &
04.01.2024 passed in CWJC No. 5650 of 2019, the other writ
petitions being CWJC No. 6290 of 2019, CWJC No. 6684 of
2019 & CWJC No. 5189 of 2020 were made analogous and
after completing the pleadings by allowing all the parties to
submit their responses, the matter was finally heard on
16.09.2025, and after hearing the respective counsels for the
writ petitioners as well as the Respondents, and accordingly, the
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
above writ petitions are being disposed of by a common order as
the issues involved in these cases originates from the common
impugned order, while in CWJC No. 6290 of 2019, there is no
decision taken by the respondents with regard to their
absorption in the light of the Resolution of the Government
issued through the Department of Education as contained in
Memo No.-12/P1-18/90/98P dated 15.06.2018, while the stand
of the respondents in the counter affidavit being common to that
of the reasons assigned in the impugned orders, the subject
matter of which is challenged in the other analogous writ
petitions, referring to the cut-off date shown to be operating as a
bar in deciding their case of absorption, this writ petition is also
being adjudicated together with the other writ petitions referred
hereinabove.
3. The writ petitions i.e., CWJC No. 5650 of
2019, CWJC No. 6684 of 2019 along with CWJC No. 5189 of
2020 have been filed for the relief(s) mentioned hereinbelow: -
(i) For setting aside the
office order contained in memo no. 125P
dated 24.08.18 issued by respondent no.2/4
with respect to petitioners wherein rejecting
the claim of approval of service of
petitioners on the post of teacher in Ram
Karan Thakur Project Balika Uchha
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
Vidyalaya, Imansarai, Patori, Samastipur,
he has illegally, arbitrary recorded of fraud
of the date of appointment of petitioners
which is contrary to the records and
unsustainable in the eye of law.
(ii) For directing the
respondents to approve the service of
petitioner with effect from 01.01.1989
alongwith consequential payment of arrear
salary and up-to-date salary forthwith since
arrear salary have already been paid to
other three teaching and non-teaching
employees of the school in question.
4. While, the Writ Petition CWJC No. 6290 of
2019 has been filed for the following relief(s):-
(1) For a direction to the
respondents authorities, to absorb these
petitioners on the post of Teacher serial No.
1 to 3 and Night Guard (S.No-4) in pursuant
to the Resolution issued by the Education
Department Government of Bihar, Patna
bearing Memo No. 12/P1-18/90/98P dated
15.06.2018 (ANX-8) on the basis of order
passed by the Apex Court in Civil Appeal
No.6626-6675/2001.
(ii) For further direction to
the concerned respondents authorities for
payment of the salary since the date they are
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
working on the said post.
(iii) For other consequential
relief/reliefs as Hon'ble Court may deem fit
proper in the ends of justice.
Submission on behalf of the Counsel for the
Writ Petitioner in CWJC No.- 5650 of 2019.
5. The counsel for the petitioner submits that the
District Level Committee headed by the District Magistrate
constituted under the Government's decision for selecting the
Project School, as Project School of Phase 84-85, the
recognition of the school in question was directed and the State
Government's funds were allocated for better infrastructure.
Bihar School Examination Board allowed the students to get the
registration and In-charge Headmasters were posted by the State
Government. It has next been submitted that the petitioner was
appointed on the post of teacher in Sanskrit subject by the
Managing Committee of the school in question in terms of its
decision taken vide Meeting No.-21 and 22 dated 10.07.1988
and 17.08.1988 respectively and thereby, the Secretary of the
School issued appointment letter on 05.08.1988 and the
petitioner joined the school on 06.08.1988 and since then,
working in the said school uninterruptedly, which would borne
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
out from the document appended as Annexure-1 series to the
writ petition.
6. It is next submitted that in between the year
1987 to 1994, pursuant to the selection by the District Level
Committee, the District Education Officer, Samastipur
(Respondent No.-5) wrote various letters to grant approval to
the said school as project school and from letter No.- 281 dated
09.03.1991 (Annexure-2), it would transpire that the name of
this petitioner figures at serial no. 7 indicating the date of
appointment as 25.03.1991, which is evidently an error and
contrary in terms of documents appended as Annexure-1 series.
7. The counsel for the petitioner has submitted
that pursuant to the grant of recognition of the School by the
State Government in light of the orders passed by the Hon'ble
Courts, the State Government on 15.06.2018 issued notification
as contained in Memo No.- 98P granting approval of the
services of Teacher/Non-Teaching staff with effect from
01.01.1989 and taking over the school as project school of 1984,
which is appended as Annexure-5 to the writ petition. On
30.06.2018, in compliance of the letter issued by the Director,
Secondary Education (Respondent No.2), Regional Deputy
Director, Darbhanga and District Education Officer, submitted
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
enquiry report, after having conducted the spot verification
enclosing the list of teachers/non-teaching staffs of the school in
question, where the name of the petitioner finds place at Serial
No.7 reflecting the date of appointment as 05.09.1988 and dated
of joining being 06.08.1988 and in the status column, the
petitioner is shown to be continuously in service.
8. It has next been submitted that the Director,
Secondary Education( Respondent No.2) vide office order dated
04.07.2018 without assigning any reason came out with an
office order granting approval only to the services of the
petitioners of CWJC No. 18887 of 2008 and two other non-
teaching staffs, who had filed contempt petition, by paying their
arrears of salary with consequential benefits w.e.f. 01.01.1989
and without affording any opportunity to the petitioners,
Respondent No.2 issued impugned order dated 24.08.2018
rejecting the claim of the petitioner, whose name appeared at
Serial No.5, ignoring the other supportive material on record
and against the settled principles of law.
Submission of counsel for the petitioner in
CWJC No. 6290 of 2019.
9. Learned counsel for the petitioners submits
that the petitioner no.1, Pranita Kumari, who was appointed as
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
Assistant Teacher in History subject on 24.12.1992 and joined
the said school on 30.12.1992 and since then discharging her
duties on the post. Petitioner No. 2, Shiv Kumar Singh was
appointed as an Assistant Teacher of Mathematics on
24.12.1993 and he joined the school on 30.12.1993 and since
then he is also discharging his duties in the said school.
Petitioner no.3, Shabnam Kumari was appointed as Assistant
Teacher in the subject of English on 07.11.1995 and she joined
on the same date itself in Ram Karan Thaur Girls High School,
Iman Sarai, Patori, District-Samastipur and discharging the
duties on the post, and similarly, petitioner no.4, Prabhat Kumar
was appointed as a Night Guard on 20.12.1992 in the same
school and joined on 24.12.1992 and since then he is
discharging his duty in the said school.
10. It has next been submitted that all these
petitioners joined the said school on different dates and are
continuously and regularly discharging their duties in the same
school. These petitioners are said to have made their
representations before the Respondents-authorities in terms of
Circular dated 15.06.2018 mentioning therein that the entire
criteria is being fulfilled by them and their cases should be
considered to provide in accordance with aforementioned
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
resolution.
11. Learned counsel for the petitioners, by
referring to the order passed by the Co-ordinate Bench of this
Court on 20.12.2013 in CWJC No. 18887 of 2008 (Ranjana
Kumari v. The State of Bihar & Ors) submits that the
respondents were directed to recognize the petitioners' school as
Project School for all purposes and accordingly, the Letters
Patent Appeal No. 1754 of 2015 preferred by the State
Government was also dismissed by Hon'ble Division Bench
holding that the entire action was undertaken by the District
Administration on the basis of powers delegated to them and the
writ Court Judgment and Order does not suffer from any error
and legal infirmities.
12. It has further been submitted that the State
Government further challenged the order passed in the Letters
Patent Appeal No. 1754 of 2015 before the Hon'ble Apex Court
vide Special Leave Petition (Civil) Diary No (s). 3386/2018
which also stood dismissed on 23.03.2018.
13. It is in this background, the State
Government came out with a policy decision as contained in
Memo No. 98P dated 15.06.2018, whereby, it was resolved that
in view of the parameters prescribed by the Hon'ble Apex Court
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
in Civil Appeal No. 6626-6675 of 2021, the services of teaching
and non-teaching staffs would be recognized, who would be
fulfilling the criteria fixed therein and despite representation
having been made by these petitioners to consider their case in
terms of the resolution of the State Government dated
15.06.2018, their cases are not being considered.
Submission of counsel for the petitioner in
CWJC No. 6684 of 2019.
14. Counsel for the petitioner submits that the
Petitioner, Kumkum Kumari was appointed on the post of
Teacher in the subject of Home Science by the Managing
Committee of the school in terms of its meeting No.-21 and 22
dated 10.07.1988 and 17.08.1988 and thereby, the Secretary of
the school issued appointment letter on 05.08.1988 and the
petitioner joined on 07.08.1988 and since then working in the
said school uninterruptedly. For unexplained reasons, the claim
of the petitioner was not considered and only the case of the
Petitioners of CWJC No. 18887 of 2008 and two other non-
teaching staffs were approved by the respondents by paying
their arrears of salary w.e.f. 01.01.1989. It has next been
submitted that without affording any opportunity of hearing to
the petitioner, Respondent No.2 issued the impugned Order on
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
24.08.2018 rejecting the claim of approval of services of the
petitioner at Serial No. 6 recording their date of appointment as
05.08.1988, while in the report prepared by the District
Education Officer, Samastipur in 1991, the name of the
petitioner is said to have not been included in the list of
Teachers submitted by the Secretary of the school and on that
basis, her appointment is said to be forged and fabricated while
the name of the petitioner finds place in the list prepared by the
District Education Officer, Samastipur in the year 2018,
contained in letter no. 230 dated 30.06.2018.
Submission on behalf of the Counsel of Writ
Petition being CWJC No.- 5189 of 2020.
15. Learned counsel for the petitioners submits
that petitioners No.- 1, 2 and 3 were appointed by the Managing
Committee of the school on the post of teachers in Mathematics,
Physics, History and English subjects respectively. All the three
petitioners submitted their joining on the opening day of the
school and from the status report sent by the District Education
Officer, Samastipur to the school indicates the name of all these
petitioners working as Teachers/Employees of the school by
placing their names at Serial No. 2, 4 and 3, which would borne
out from Annexure-7 of the writ application. The Secretary of
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
the School vide Annexure-9 appended with the writ petition
issued a list of Teaching and Non-teaching Employees, in
which the name of the petitioners finds place at Serial Nos. 3, 4
and 5 respectively. On 02.12.2007, the Secretary of the School
issued show-cause to the petitioner No.-2, who submitted his
show-cause through registered post. The petitioner No.-1 is said
to have retired in the month of January, 2018, while petitioner
no. 2 got retired in the month of February, 2016 and similarly,
the petitioner no. 3 got superannuated in the month of
September, 2010. In view of the order passed by the Hon'ble
High Court in CWJC No. 1887 of 2008 dated 20.12.2013,
against which an Appeal preferred by the State Government
being Letters Patent Appeal No.- 1754 of 2015 having been
dismissed and further SLPs preferred against the order passed
by the Hon'ble Division Bench, also having been dismissed, the
State Government granted recognition to the school in question,
where these petitioners are said to have discharged their duties.
16. It has next been submitted that District
Education Officer submitted a wrong report prepared on the
basis of forged and fabricated document questioning their
appointments which would borne out from the fact that the
report dated 30.06.2018 appended as Annexure-14 to the writ
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
petition is contrary to its earlier report dated 09.04.1991
appended as Annexure-7 to the writ petition issued by the same
authority i.e., the District Education Officer, Samastipur.
17. It has next been submitted that the report
dated 30.06.2018 (Annexure-14) is also contrary to the status
report dated 20.05.2007 appended as Annexure-9, to the writ
petition issued by the Secretary of the then Managing
Committee of the School. The services of only three employees
of the school were culled out on pick and choose basis, which
are said to have been approved vide Annexure-15 of the writ
petition and further vide order dated 24.08.2018 (Annexure-1 to
the writ petition), the grievances/claims of the petitioners were
rejected, which is impugned in this case.
18. Learned counsel for the petitioners further
submits that the impugned order would go to show that while
rejecting the claim of the petitioners, a report dated 30.06.2018
(Annexure-14 to the writ petition) was relied upon and
unilaterally, without causing any explanation or show cause to
the petitioners, their appointments have been found to be based
on forged/manipulative documents and no hearing of any kind
known to law was ever afforded before arriving to the
conclusion, which findings have also been incorporated in the
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
impugned order and therefore, the action of the respondents
being illegal, arbitrary deserves to be interfered with for the
ends of justice.
19. In CWJC No. 5650 of 2019, CWJC No.
6684 of 2019 and CWJC No. 5189 of 2020, all these petitioners
have approached this Court challenging the office order dated
24th August, 2018 passed by the Director, Secondary Education,
Bihar, Patna holding inter alia in the case of some of the
petitioners, that they were absent unauthorizedly and therefore,
they are not entitled to get any financial benefit even though
they were in service since the date of taking over. Whereas, in
some of the cases despite having recognized the services with
effect from the cut-off date, still by misreading the resolution,
they have not been found to be entitled to get any benefits of
payment and other consequential allowances, after the said
school have been declared as Project School of the Government
on the basis of decision taken by the Bihar State Cabinet on 15 th
June, 2018.
20. It is evident from the fact that this Court in
CWJC No. 18887 of 2008 directed the State Government to
treat the school, where these petitioners used to work on the post
of Assistant Teachers as Project School for all purposes but the
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
State Government preferred an appeal before the Division
Bench of this Court being LPA No. 1754 of 2015 which stood
dismissed on contest and subsequently, the order of the
Appellate Court was challenged before the Hon'ble Apex Court
through Special Leave Petition (Civil) Diary No. 3386/2018
which also stood dismissed.
21. Thus, in view of the affirmation by the
higher courts, the order passed by the Co-ordinate Bench in
CWJC No. 18887 of 2008 reached to its finality and pursuant
thereof, the State Government through the Education
Department passed the following Order: -
^^4½ ekuuh; mPp U;k;ky;] iVuk ds
,dy ihB ds fu.kZ; ds fo:) foHkkx dh vksj ls
nk;j ,y0ih0,0 la[;k&1745@2015 ,oa ,l0,y0ih0
la[;k@2018 ¼Mk;jh la[;k&3386@2018½ dks ekuuh;
U;k;ky; }kjk [kkfjt fd;s tkus ds mijkUr jkedj.k
Bkdqj ckfydk mPp fo|ky; beuljk;] iVksjh]
ftyk&leLrhiqj dks o'kZ 1984&85 pj.k ds uol`ftr
ifj;kstuk fo|ky; ds :i esa LFkkfir lapkfyr djus
gsrq fo|ky; ds fy, fnukad&01-01-1989 ds izHkko ls 01
¼,d½ iz/kkuk/;kid 08 ¼vkB½ lgk;d f"k{kd 01 ¼,d½
fyfid ,oa 02 ¼nks½ ifjpkjh ds inksa ds l`tu ds laca/k
esa iz"kklh in ; lfefr }kjk dh x;h vuq"kalk ij
fnukad &05-06-2018 dks vkgwr eaf=ifj'kn~ dh cSBd esa
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
esn la[;k&28 esa eaf=ifj'kn~ dh Lohd`fr ds vkyksd esa
jkedj.k Bkdqj ckfydk mPp fo|ky; beuljk;]
iVksjh] ftyk leLrhiqj dks o'kZ 1984&85 pj.k ds
ifj;kstuk fo|ky; ds :i esa LFkkfir @ lapkfyr
djus ,oa fnukad& 01-01-1989 ds izHkko ls f"k{kd@
f"k{kdsRrj dfeZ;ksa dh lsok ekU;rk muds osrukfn ds
Hkqxrku dhA Lohd`fr ij ljdkj }kjk fu.kZ; fy;k x;k
gSA rnuqlkj ekuuh; mPp U;k;ky;] iVuk ds vkns"k ds
vkyksd esa eaf=ifj'kn~ dh Lohd`fr ls fuEukafdr dkjZokbZ
djus dk fu.kZ; fy;k tkrk gS%&
o'kZ&1984&85 pj.k ds ifj;kstuk
fo|ky;ksa ds laca/k esa ekuuh; mPpre U;k;ky; ds }kjk
flfoy vihy la[;k&6626&6675@2001 eas fu/kkZfjr
ekinaMksa ds v/khu bl fo|ky; ds f"k{kd ,oa f"k{kdsRrj
dehZ lsok dh ekU;rk gsrq Lohd`fr ekinaM dks iw.kZ djrs
gSaA
vkns"k & vkns"k gS fd loZlk/kkj.k
dh tkudkjh ds fy, bls jktdh; xtV esa izdkf"kr
fd;k tk; vkSj bldh izfr egkys[kkxkj] fcgkj] iVuk@
funs"kd ¼ek/;fed f"k{kk½ ,oa f"k{kk foHkkx ds lHkh
inkf/kdkfj;ksa ,oa lHkh v/khuLFk dk;kZy;ksa dks izsf'kr dh
tk;A ^^
22. The above decision clearly shows that the
school, where these petitioners used to work as Teaching and
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
Non-Teaching staff was treated as a project school w.e.f 1 st of
January, 1989. It is also not in dispute that some of the
petitioners have been working in the said school prior to the
recognition as project school by the State Government w.e.f.
01.01.1989. Still, the concerned authority did not consider the
petitioners' claim for financial benefits and other consequential
reliefs on the basis of decision of State Cabinet notified through
the department of Education, Government of Bihar dated
15.06.2018 on the ground that the said school was recognized as
Project School since 01.01.1989 and therefore, the cut-off date
so given operates as a bar from consideration of their cases who
were appointed after the cut-off date, is wholly misconceived.
23. The findings which are said to have been
recorded in the impugned order by holding some of petitioners
to be absent or to be working after recognition of the said school
as Teacher of project school w.e.f 01.01.1989, the petitioners of
such classified groups were heard before passing the order of
termination by the then management is not forthcoming from
the stipulation made in the impugned order, and unilaterally,
such decisions is said to have been recorded in the impugned
order, while from the report of District Education Officer,
Samastipur dated 30.06.2018 appended as Annexure-6, which is
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
contained in Letter No.- 230 dated 30.06.2018, it would
transpire that the petitioner, namely, Ramchandra Chaudhary
was appointed on 02.01.1984 as Physical Teacher, submitted his
joining on 02.01.1984, petitioner No.-2, Ram Kishore Singh
was appointed in the subject of History on 02.01.1984,
submitted his joining on the same date, Petitioner No.-3,
Chandralekha Kumari was appointed on 02.01.1984 in the
subject of English, she also joined on same date, Chandravadan
Prasad Singh was appointed on 05.08.1988 and joined on
06.08.1988 in the subject of Sanskrit, Kumkum Kumari was
appointed on 05.08.1988 and joined on 07.08.1988 in the
subject of Home Science/History, Pranita Kumari was appointed
on 24.12.1992 and joined on 30.12.1992 in the subject of
History, Shiv Kumar Singh, was appointed on 24.12.1993 and
joined on 30.12.1993 in the subject of Mathematics, Shabnam
Kumari, was appointed on 07.11.1995 and joined on the same
date in the subject of English, Prabhat Kumar was appointed on
20.12.1992 and he joined on 24.12.1992 as Night Guard. With
respect to Pranita Kumari, Shiv Kumar Singh, Shabnam
Kumari, Prabhat Kumar and others, they have been found to be
working in the said school on the date of such inspection as per
report prepared by the District Education Officer, Samastipur in
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
the year 2018.
24. From perusal of the impugned letter No.-
125P dated 24.08.2018, it is not forthcoming that these
petitioners were given hearing at any point of time before
issuance of impugned order, whereby their claims of approval of
services on the post of teacher in respective subjects in Ram
Karan Thakur Project Balika Uchha Vidyalaya, Imansarai,
Patori, Samastipur have been rejected on the ground that they
obtained their appointment on the basis of forged documents.
25. The counter affidavit filed by the respondents
in all these writ petitions, the factum of violation of principles of
natural justice before taking impugned decision has not been
disputed by any of the respondent's counsel referring to the
stand taken in their responses filed in the respective writ
petitions. The fact that all these petitioners were very much in
service in the said school which was later on, recognized as a
Project School in the year 2018 from a retrospective date, is an
undisputed fact, which needs consideration in law.
26. The Resolutions of the Government do
entitle them to receive financial benefits of the Project School
relating to their salary and pensionary benefits as per extant
rules for the period during which they are said to have
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
discharged their duties validly, as is evident from the reports
appended with the writ petitions in their respective petition kept
in Letter No.- 230 dated 30.06.2018, which do recognize their
services in the said school but the impugned letter by which the
services are said to have not been recognized prior to the cut-off
date in the case of some of the petitioner is apparently contrary
to the reports prepared by the respondents themselves.
Furthermore, the impugned letter which recognizes their
services even after cut-off date for which the respondents cannot
be allowed to refuse payment of salary of Project Teacher, as the
same is contrary to their own policy decision dated 15.06.2018
and the judgment and orders passed by a co-ordinate bench of
this Hon'ble Court passed in CWJC No.-4786 of 2020 (Veena
Kumari versus The State of Bihar & Ors.) and CWJC No.-
11928 of 2015 (Lal Bahdur Rai versus The State of Bihar &
Ors.), where the Hon'ble Court has held that since the name of
these petitioners finds place in the list prepared by the authority
concerned and they have been found to be in service prior to the
date of taking over of the school as project school and the
decisions of the State Government do provide for all
consequential benefits from the date of its recognition and
accordingly, the petitioners of the aforesaid writ petitions were
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
allowed the said benefits for the period they remained in
service.
27. The Other grounds for rejecting the claim of
the petitioners, which is incorporated in the order impugned
dated 24.08.2018 holding the respective petitioners to be absent
from the duties unauthorizedly and during the course of hearing
additionally, the respondents submitted that the writ petition
should not be entertained due to delay and laches in approaching
this Court. The first ground of unauthorized absent leading to
termination of services by the managing committee as indicated
in the impugned order with respect to some of the petitioners
does not indicate that the aggrieved petitioner before issuance of
termination order were heard following Principles of Natural
Justice and therefore, the said issues are left open, to be agitated
by the aggrieved petitioners at appropriate forum provided the
factum of termination of their services, so recorded in the
impugned order, are found to be correct and based on record.
But, in so far, with regard to the payment of salary of all these
petitioners are concerned, as against the period they
remained in service, the ground of delay and latches
are not acceptable for the simple reason that the cause
of action for filing the writ petitions only accrued in
favour of these petitioners, after the impugned order
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
was passed and the disputes with respect to their services have
been raised without adhering the principles of natural justice
and therefore, the grounds raised to hold the writ petitions to
have vitiated in law on the ground of delay and laches, cannot
be accepted and is accordingly, rejected.
28. In view of the above, since, it is not in
dispute that these petitioners have worked in the School either in
the teaching cadre or in the non-teaching cadre in respective
capacities, while some of them have worked even prior to the
cut-off date i.e., 01.01.1989, and some of them have been
appointed after the cut-off date, but from the records of different
writ petitions including the stand taken therein, the fact remains
that these petitioners were much in service before the
recognition having been granted by the State Government i.e.,
on 24.08.2018 and the reasons assigned to deny the benefits is
apparently in breach of the objectives stipulated in the
Resolution issued by the state Government.
29. Since these petitioners have worked between
these periods i.e from 01.01.1989 to 24.08.2018 with full
sincerity and diligently and their services rendered during the
period, which is duly recognized by the respondents themselves
during the spot verification carried out in the year 2018 itself,
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
just before granting recognition to the said school as a Project
School. In such view of the matter, the entitlement of these
petitioners to the financial benefits and other consequential
benefits as an Employee of Project School either in the capacity
of Teaching or Non-teaching employees cannot be denied and
accordingly, the Impugned Letter as contained in Memo No.-
125P dated 24.08.2018 being common in CWJC No.-5650 of
2019, CWJC No.-6684 of 2019 and CWJC No.-5189 of 2020
are absolutely unsustainable and the decision of the respondents'
authorities in not accepting the claim to grant financial benefits
is wholly unjustified.
30. In view of the above, the claim of the writ
petitioners of CWJC No.-6290 of 2019, who are also said to be
appointed after the cut-off date i.e., 01.01.1989 and have
continuously been discharging their duties are also entitled to
regularization as against the posts, which are said to be vacant
as their cases are covered by the judgment rendered by Hon'ble
Division Bench in LPA No. 145 of 2015 (Yugal Kishore Ray v.
The State of Bihar & Ors) wherein the directions have been
issued to absorb the appellant of the aforementioned appeal who
was already in service as against the posts, which was said to be
created w.e.f. 04.02.1989, while in the instant case, the posts
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
against which the petitioners are said to be working are vacant
but for unexplained reasons the absorption has not been done in
their favour.
31. An employee is entitled to get financial
benefits with all protection during his/her services till the date of
continuation on their respective posts. When the Education
Department declared the concerned school as a Project School
with retrospective effect, the teacher and non-teaching staffs
who had been working during the said period becomes entitled
to get benefits of such period. From the material on record, this
Court is of the opinion that as per the resolution dated
15.6.2018, it is very clear, insofar as it clearly stipulates that the
school is taken over with effect from 1.1.1989 with all
consequential monetary benefits being payable to the employees
and admittedly, it is also not in dispute that the name of the writ
petitioners of CWJC No.-5650 of 2019, CWJC No.-6684 of
2019 and CWJC No.-5189 of 2020 do figure in the list of the
employees found to be working by the respondents as would be
evident from various list prepared like of the year 1991 by the
then District Education officer, Samastipur and finally in the
year 2018, by the then District Education officer, Samastipur in
compliance of direction and order passed by the Co-ordinate
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
Bench. Thus, in the opinion of this Court, the rejection of their
case for monetary benefits and pensionary benefits on ground
that some were appointed after the date of takeover of their
school as project school retrospectively or had already retired
before the date of consideration of their cases and in the case of
some of the petitioner, their services were terminated owing to
their unauthorized absence found by the then Managing
Committee are not sustainable in law and deserves to be
interfered with, in order to protect the Constitutional rights of
these petitioners.
32. Since these petitioners have worked during
the period while the school was not recognized as a Project
School and it was only recognized in the year 2018
retrospectively and therefore, the past service including the
present services of the respective petitioners are required to be
recognized for the purpose of grant of financial benefits and
accordingly, their claims deserves to be considered in true
perspective so that the interest of these teachers, who have been
serving with the school prior to the recognition as Project
School or after the recognition, are not prejudiced in any
manner.
33. From the records, it appears that the report
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
prepared by the District Education Officer, Samastipur as
contained in letter no. 230 dated 30.06.2018 in which altogether
15 teaching and non-teaching staffs are shown to be working on
28.06.2018, out of which, the services of five teaching and non-
teaching staffs have been approved, as such, the contention of
the Respondents that in the said report there is a manipulation is
wholly misconceived and unacceptable and therefore, the
determination of the rights of these petitioners are required to be
made in similar terms to that of the other five teaching and non-
teaching staffs, which are said to have been made by the
Respondents themselves by issuing office order as contained in
Memo No. 105 dated 04.07.2018, which is appended as
Annexure-7 Series to the writ petition being CWJC No. 5650 of
2019. The State authorities being modal employer cannot be
allowed to approbate and reprobate at the same time and the
documents are required to be read as whole for the purpose of
determining the rights of all the similarly situated persons.
34. In view of the above discussions, the
impugned letter as contained in Memo No.-125P dated
24.08.2018 appended with the aforesaid writ petitions, is set
aside and the following directions are being issued:-
Directions with respect to the petitioner of
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
CWJC No.-5650 of 2019:-
35. Since the report dated 30.06.2018 prepared
by the District Education Officer, Samastipur in compliance of
direction issued in CWJC No. 18887 of 2008 has already been
acted upon, as five persons out of the list of 15 teaching and
non-teaching staffs shown to be working in the said school,
whose services have been approved and consequential benefits
have been granted and the name of this petitioner finds place at
serial no.6 showing his joining on 06.08.1988 and the document
appended with the supplementary counter affidavit showing his
deputation lastly been made and relieved to join the school on
11th of April, 2020 which has not been confronted by any of the
respondents either through any counter affidavit or otherwise,
therefore, this petitioner is also entitled to his salary and other
consequential benefits from 06.08.1988 to 11th April 2020.
36. In view of the above, this Court is of the
opinion that the deputation could have only been made by the
Bihar School Examination Board, when the petitioner would
have been found to be serving in the said school and therefore,
the stand of the respondent that there is a manipulation in the
date of appointment is wholly unacceptable and, therefore, this
Court is of the view that at least from the date of first deputation
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
by the Bihar School Examination Board which is an
uncontroverted document, from which date the petitioner is
required to be recognized as a teacher serving in the said school
and is entitled for payment of salary with all the consequential
benefits till the date of relieving i.e., 11.04.2020. considering the
aforesaid facts, this Court by treating the petitioner to have
retired in the month of April on 30.04.2020, accordingly, directs
the respondents to pay all consequential benefit to the petitioner
from 01.01.1989 to 30.04.2020 within a period of four months
from the date of communication/receipt of a copy of this order.
Directions with respect to the petitioners of
CWJC No. 6290 of 2019.
37. In this writ petition, there are altogether four
petitioners out of which petitioner no.1, Pranita Kumari who is
said to be working since 24.12.1992 as Assistant Teacher
against the sanctioned post. Petitioner No. 2, Shiv Kumar Singh
was appointed as an Assistant Teacher of Mathematics and is
working on the said post since 30.12.1993 as against the
sanctioned post. Petitioner no.3, Shabnam Kumari was
appointed as Assistant Teacher in the subject of English on
07.11.1995 and she joined on the same date itself and since then
working in Ram Karan Thaur Girls High School, Iman Sarai,
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
Patori, District-Samastipur as against the sanctioned post and
similarly, petitioner no.4, Prabhat Kumar was appointed as a
Night Guard on 20.12.1992 in the same school and joined on
24.12.1992 as against the sanctioned post and since then he is
discharging his duty in the said school. Undisputedly, the
appointments of all these four petitioners are said to have been
made after the school was taken over under the decision of the
State Government from the retrospective date on 01.01.1989
and since the petitioners are working till today, the authorities
are required to pay salary attached to the post by absorbing them
against the vacant sanctioned post in terms of Judgment and
order passed in LPA No. 145 of 2015, in similar terms from the
dated of their joining as indicated aforesaid on the respective
posts.
Directions with respect to the petitioner of
CWJC No. 6684 of 2019.
38. From the report prepared by the District
Education Officer, Samastipur dated 30.06.2018 in compliance
of direction issued by the Co-ordinate Bench in CWJC No.
18887 of 2008 and based on such report, three persons are said
to have been granted approval of service with consequential
benefits w.e.f. 01.01.1989, who were petitioners of the said writ
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
petition and two others, just to get themselves absolved from the
contempt proceeding initiated vide MJC No. 422 of 2015. Since
the name of the petitioner also appears at serial no.7 of the said
list and is shown to be working since 07.08.1988 and has
obtained B.Ed training between 16.08.1991 to 09.04.1992 and
thereafter, she is said to have resumed her work on the post of
teacher, as such, this petitioner is also entitled to salary from
01.01.1989 till the date of issuance of impugned order dated
24.08.2018 and treating the petitioner to have retired on this
date in terms of Hon'ble Apex Court's order passed in Civil
Appeal No(s) 7841 of 2011 in the case of Man Singh v. The
State of Uttar Pradesh as reported in 2022 SCC OnLine 726.
accordingly, the Respondents no.2 and 5 are directed to pay
salary with all consequential benefit to this petitioner from
01.01.1989 to 30.08.2018.
Directions with respect to the petitioners of
CWJC No. 5189 of 2020.
39. From the impugned order it is evident that
the only ground which has been taken by the respondents that
their appointments were made after the cut-off date i.e.,
04.02.1989 and the factum of his being in service after
01.01.1989 is an undisputed fact, therefore, in terms of the
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
resolution whereby the taking over of the school was done
retrospectively and these petitioners, who have been found
serving in the said school after the school was taken over, are
also entitled to salary till the date of superannuation, which in
the case of petitioner no. 1, is said to have superannuated in the
month of January, 2018, while the petitioner no.2, is said to have
been retired in the month of February, 2016 and similarly, the
petitioner no. 3 who is said to have superannuated in the month
of September, 2010. As such, this Court holds that Petitioner
no.1 is entitled to all consequential benefits from 04.02.1989 till
31st January, 2018, Petitioner no.2 is entitled from 04.02.1989 to
28th February, 2016 and similarly Petitioner no.3 is entitled from
04.02.1989 to 30th September, 2010 in terms of Resolution dated
15.06.2018.
40. In view of the aforesaid, all the four writ
petitions being CWJC No. 5650/2019, CWJC No. 6290/2019,
CWJC No. 6684/2019 and CWJC No. 5189/2020 are allowed
and the respondents no. 2 & 5 are directed to grant all financial
benefits as is applicable in terms of Resolution dated
15.06.2018, to all the petitioners who are in service and salary
with all consequential and pensionary benefits to those, who
have superannuated from service by calculating their services in
Patna High Court CWJC No.5650 of 2019(8) dt. 16-10-2025
terms of direction issued within a period of four months from
the date of production/receipt of a copy of this order.
(Ajit Kumar, J)
perwez
AFR/NAFR AFR
CAV DATE 16.09.2025
Uploading Date 17.10.2025
Transmission Date 17.10.2025
